CLA-2 CO:R:C:G 087909 CMS
District Director of Customs
300 South Ferry St., Terminal Island
San Pedro, CA 90731
RE: Application For Further Review Of Protest No. 2704-89-001579;
DC Motor Gear Box Assembly; Parts Of Automatic Data
Processing Machines And Units Thereof; Thermal Transfer
Printers; Gear Head; Gear Box; Shaft; Insulated Electrical
This protest was filed against your liquidation dated
February 16, 1989, in which certain DC motor assemblies were
classified in 8501.10.40, HTSUSA.
The merchandise was described on the relevant invoices as
"DC Gear Head Motors". The protestant states that the motors
were improperly described and that the proper description should
be "DC Motor-Gear Box Assembly". The protestant states that the
assemblies are imported for assembly into a thermal transfer
printer of an automatic data processing machine, and that they
should be classified as parts of data processing machines and
units thereof in 8473.30.40, HTSUSA.
The motors are cylindrical in shape and are approximately
1 1/2" in diameter and 1 1/2" in length. An assembly of four
gears approximately 1/2" in diameter enclosed by a metal ring the
same diameter as the motor is connected to one end of the motor.
A shaft and metal bracket extend from the gear assembly. Two
insulated wires are connected to terminals on the other end of
Is the merchandise classified as electric motors in Heading
8501, or as parts of automatic data processing machine units in
LAW AND ANALYSIS:
Heading 8501 describes electric motors and generators. The
Explanatory Notes to Heading 8501, p. 1334, provide in part that
"...the heading covers electric motors of all types from low
power motors for use in instruments, clocks, time switches,
sewing machines, toys, etc., up to large powerful motors for
rolling mills, etc."
The Explanatory Notes also provide that Heading 8501 motors
may be equipped with a variety of devices. For example, the
Explanatory Notes, p. 1334, provide:
Motors remain classified here even when they are
equipped with pulleys, with gears or gear boxes, or
with a flexible shaft for operating hand tools.
The heading includes "outboard motors", for the
propulsion of boats, in the form of a unit comprising
an electric motor, shaft, propeller and a rudder.
Gears, gear boxes and shafts are specifically listed as
devices with which electric motors may be equipped and still be
classified in Heading 8501. Although insulated wires connected
to the motor's terminals are not specifically named, they are
similar to the other devices in that they are devices with which
electric motors are commonly equipped. If Heading 8501 motors
may be equipped with articles as substantial as gear boxes,
shafts, propeller and rudders, then it logically follows that the
motors may be equipped with two wires connected to the terminals
of the motors.
In HQ 086832 (May 21, 1990), we found that spindle motors
which consisted of a DC motor, spindle, mounting platform for the
disk drive, and other components which aided the spindle's
function, were classified as electric motors in Heading 8501.
Although the spindle motors were precisely designed for use with
automatic data processing machines, they were classified in
Heading 8501 pursuant to Section XVI Note 2(a). Section XVI Note
2(a) provides that parts of machines which are included in a
heading of Chapters 84 or 85 are in all cases to be classified in
their respective headings.
The articles under consideration are described by and
included in Heading 8501. Notwithstanding the fact that they may
be parts of thermal printers, they are classified pursuant to
Section XVI Note 2(a) as electric motors in 8501.10.40, HTSUSA.
The merchandise was properly classified as electric motors
in 8501.10.40, HTSUSA. The protest should be denied. A copy of
this decision should be attached to the Form 19 Notice of Action.
John Durant, Director
Commercial Rulings Division